Do I Have To Pay My Health Insurance Back From A Personal Injury Settlement?

Personal Injury Attorney, Ben Schwartz, answers a viewer question: “Do I have to pay my health insurance back from a personal injury settlement?” The answers depends on if your health insurance policy has a subrogation provision.

Do I Have To Pay My Health Insurance Back From A Personal Injury Settlement?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a viewer question from Cassandra in Salisbury, Maryland. Cassandra wrote in and said, “I was injured in a car accident and my health insurance paid for my surgery. When I get a settlement from the at-fault driver’s insurance company, do I have to pay my health insurance back?” The answer is, it depends. You need an attorney to review this question, because the attorney can look at the plan documents for your health insurer and see if there is what is called a subrogation provision in the health insurance policy.

Basically, the word of the day, subrogation means that once the health insurer has paid out some money to pay for your medical care, they have a right to get paid back from your personal injury claim. If there is a subrogation provision in the health insurance policy then yes, they may have a right to get paid back.

Also, if the health insurance is Medicare or Medicaid insurance, they probably have a statutory right to subrogate against your liability claim to get paid back from your personal injury claim. It is a question that I cannot answer in video format, other than to give some broad general information about health insurance subrogation. If you want to get a specific answer to the specific question, you need the attorney handling your personal injury case to essentially research it and give you a straight answer and let you know what your legal rights are in your specific situation, with your specific health insurer, and your specific health insurance claim.

I’m Attorney Ben Schwartz, I hope this video is something that you found interesting and informative. Hopefully you understand a little bit more about the way things work in personal injury cases and in the law. After watching this video, if you have questions for me that you would like me to answer in video format please send me an e-mail below.

Do I Have To Pay My Health Insurance Back From A Personal Injury Settlement?

Office Locations - Personal Injury Lawyer

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We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
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(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
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Delaware Day – December 7, 2017

Attorney Ben Schwartz raises awareness on an actual law in Delaware that many may have forgotten. It is Delaware Code Title 1. General Provisions § 602. Delaware Day. The Department of State shall stage suitable and proper celebrations in each county of this State on the 7th day of December of each year commemorating the ratification of the federal constitution by this State.

Delaware Day – December 7, 2017

Hi, I’m Attorney Ben Schwartz,

Today we are going to talk about the topic of Delaware Day. Basically, everyone that is watching this video is familiar with the concept of all the states, back in the 1780’s, had to ratify the United States Constitution in order to form the United States of America. Delaware was the first state to ratify the Constitution and that is why they call Delaware ‘The First State’.

We were doing some research on the topic of weird laws in Delaware, which is going to be a different video on this video blog, but while doing that research, we came across a law; this is an actual law in Delaware. It is Title 1 Delaware code section 602, Delaware Day. The Department of State shall stage suitable and proper celebrations in each County of this state on the 7th day of December of each year commemorating the ratification of the Federal Constitution by this state. When I saw that law, I got all excited. I started thinking like wow… suitable and proper celebrations in each County, that sounds like a party, like we could be drinking Sam Adams beer and celebrating the ratification of the US Constitution by the state of Delaware. What a great thing, that will be awesome.

I went online because I never ever in my life seen anything advertised for parties commemorating Delaware Day. I went to the Delaware Secretary of State’s website and I could not find anything about suitable and proper celebrations. So, I called the Secretary of State’s office and apparently there are no suitable and proper celebrations being planned for December 7th and so they could not invite me to the party. That got me thinking, like maybe having a party and drinking beer and celebrating the ratification of the Constitution is not really a proper use of taxpayer dollars.

It was suggested to me by the Secretary of State’s office that I have offices in two out of the three counties in Delaware and if I could find another attorney or law firm with an office in the third county, we could have our own parties and invite everyone to come drink beer and celebrate the ratification of the Constitution. That is not such a bad idea, but I want to know what you think. What do you think Delaware Day is supposed to be? A big party? It is supposed to be a big Celebration by code. It says suitable and proper celebrations, created by the secretary of state. Do you think the state of Delaware should be hosting parties in each County on this day to celebrate the ratification of the US Constitution? Or, do you think they should not be doing it? Do you think it is a waste of State resources and we should be pinching pennies? The state is already tight on funds and they had to do things recently like raise the tax on the transfer tax on real estate. They are cutting programs. What do you think? Let me know, make a comment below on this video, or send me an e-mail. Thanks for watching!

Delaware Day – December 7, 2017

Office Locations - Personal Injury Lawyer

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We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
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Why Can’t I Use My Health Insurance To Pay Medical Bills After A Car Accident?

Personal Injury Attorney, Ben Schwartz, answers a viewer question: “Why can’t I use my health insurance to pay medical bills after a car accident.”

Why Can’t I Use My Health Insurance To Pay Medical Bills After A Car Accident?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a frequently asked question that comes after a car accident with personal injuries. The question is, “I went to the doctor, I tried to use my health insurance to pay for my medical treatment resulting from the car accident and my doctor’s office says they cannot bill my health insurance. Is that right?” The answer is, sometimes yes and sometimes no.

Generally speaking, your health insurance is required to pay for your medical care, even if it is from a car accident. Most health insurances are either going to be what is called a payer of last resort, or they are going to have something in their health insurance policy that says that if it is from a car accident, they do not have to pay until you first exhaust other insurance coverage that would be required to pay. I will give you an example of that. Let’s say you are driving a car that is registered and insured in the state of Delaware. The state of Delaware, for example, mandates that you carry a minimum of $15,000 in what is called personal injury protection on your auto insurance. That personal injury protection coverage is required to pay for your medical care and treatment after a car accident. So, your health insurance may be required to pay for your medical bills after a car accident, but only after the personal injury protection on your auto insurance pays and exhausts.

There are times when health insurance is not required to pay, but generally speaking, it is required to pay. You need to figure out what you have to do to trigger the health insurer’s obligation to pay. Do you have to prove you have that your personal injury protection exhausted, or do you have to prove something else? It is going to be (written) in the health insurance policy what you have to do in order to trigger the health insurance coverage.

If you have a situation where a doctor’s office is refusing to see you and refusing to bill your health insurance, because the treatment is required due to injuries from a car accident, that is a situation where you really need to talk to a personal injury attorney that knows the ins-and-outs of helping people get the medical treatment they need after automobile accidents. This attorney is someone that you need to find in your jurisdiction.

If you are watching this in Delaware, Maryland, Pennsylvania or New Jersey, the lawyers in my office handle car accident cases in those Mid-Atlantic States. If you are in North Dakota, we would not be able to help you, but we could get you connected with a personal injury attorney that knows the ins-and-outs in that area.

Please send me an email below if you have questions like this that I can answer in a video format on our video blog. I hope that by watching this video, you found it to be informative and interesting. Hopefully it will help somebody out there. If for no other reason, than to help educate the general public so that you know your legal rights and you know a little bit more about how things work then you did before you watched the video. Thanks for watching, I am Attorney Ben Schwartz.

Why Can’t I Use My Health Insurance To Pay Medical Bills After A Car Accident?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Potential Dog Bite Lawsuit Issues

Attorney Ben Schwartz and Attorney Rob Collins talk about potential dog bite lawsuit issues in Delaware. Watch this video so you know what to do if your dog bites someone.

Potential Dog Bite Lawsuit Issues

Hi, I’m Attorney Ben Schwartz and I’m Attorney Rob Collins,

Today we are going to talk about some potential dog bite lawsuit issues. Our law firm does more dog bite personal injury cases than I think any other law firm in the state of Delaware. I brought in Rob Collins who handles most of the dog bite litigation in the law firm. I am going to ask you some questions today. In this video, I am going to ask you a specific question, and that is a question that we get quite often, whether it be from other attorneys or from members of the general public, potential clients, etc.

There is a saying that every dog gets his first bite free. Is that the law in Delaware or is that an urban myth? Well, the one free bite rule is based on common law. Common law said that the owner of a dog is only responsible for injuries caused by that dog once the owner is aware that the dog has dangerous propensities. In effect, that basically meant that if you had no reason to believe your dog was dangerous and it bit someone, you are not on the hook for the injuries and damages caused, but after the first bite, now the owner is on notice that the dog has dangerous propensities. The second bite, third bite and forth bite, the owner is on the hook.

This was the Old Law in Delaware right? This was common law. This was probably going all the way back to England. It has just been that way based on Court decisions over hundreds of years. So, just to give an example, under the old Law, the way it used to be, if I went to the SPCA, I got a nice dog, brought him home and you came over to the house and the dog bit you, would you have a dog bite lawsuit against me? No, probably not, unless you had some reason to know the dog was dangerous. If it had tried to bite somebody and you were able to somehow stop it, well now you are on notice. So the one free bite rule is kind of a loose statement of the actual rule, but it gets the point across.

What is the law now in Delaware? The Delaware legislature passed statutes that totally changed what needs to be proven to make a claim for a dog bite. In Delaware it is essentially strict liability, meaning it does not matter what the owner knew or did not know. In fact, it does not even matter if the dog bites somebody or it is so happy that it knocks somebody down and they break their arm.

The dog’s aggressiveness does not come into play at all. The owner is on the hook for any injuries caused by a dog. In fact, we actually had a case a few years ago where a dog ran out in front of a motorcycle. The motorcyclist swerved to avoid the dog and because the injury was caused by the dog, it was strict liability. There are a few small exceptions, but they make sense. If you are teasing, tormenting, or abusing the dog and it bites you, the owner is not going to be on the hook for that. If you are trespassing, attempting to commit a crime against a person or property, the owner is not going to be on the hook if the dog bites somebody. Other than that, if the dog causes injury, the owner is going to be on the hook for the medical bills, lost wages, pain and suffering, scarring; all the normal personal injury aspects of damages.

So the way it is now in Delaware, if I go over to the SPCA and get a dog, you come over to my house to see the new dog and the dog sinks his teeth into you, do you have a case against me? Yeah.

Well, let’s say we decide that the practice of law is not making us enough money and we decide to go out and rob people’s houses at night. We put on a ski mask, we break into somebody’s house and a dog bites us, can we pursue a dog bit lawsuit under strict liability law? Well, you can sue, but you will lose. That is going to be one of the exceptions; attempting to commit a crime against a person or property. Gotcha, okay

Thanks for watching. Rob, thanks for answering the questions today. I am Attorney Ben Schwartz, I am here with Attorney Rob Collins, if you have questions for us about dog bite personal injury cases or the personal injury laws of Delaware, Maryland, Pennsylvania, New Jersey or the Mid-Atlantic states in general, send us an e-mail below.

Potential Dog Bite Lawsuit Issues

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Federal Tort Claims Act – FTCA

Personal Injury Attorney, Benjamin Schwartz, answers a question from a Maryland resident who was involved in a car accident involving a federal employee at the United States Postal Service. The statute of limitations falls under the guidelines of the Federal Tort Claims Act and may be different than the state statute of limitations in which you live or where the car accident occurred.

Federal Tort Claims Act – FTCA

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Bobby in Salisbury, Maryland. Bobby wrote in and he said, “I was in a car accident and I was injured. The at-fault driver was the mailman. What is the statute of limitations on a case from a car accident against the mailman?”

If you have been watching these videos, I think I have done plenty of videos in the past talking about if you are in an accident in Delaware. Delaware state statute of limitations is two-years on a car accident personal injury case. If you are in an accident in Maryland, the Maryland state statute of limitations time limit on suing the at-fault driver is three-years.

That does not really apply if the at-fault driver is a federal employee. If the at-fault driver is the mailman and a federal employee, then the state statute of limitations may not apply to the case limitations. The limitations may be the limitations under the FTCA. The FTCA is the Federal Tort Claims Act. Instead of suing a regular individual under state law, if you have been in an accident with a USPS employee, you are going to have the right to sue, but only under the federal tort claims act. Under the FTCA, the law the limitations on an FTCA case is different than the typical state statute of limitations. You would need to file an administrative claim within two-years from the date of the accident and then it would be up to the federal agency to review your administrative claim and either pay the claim, or deny it, or ignore it. Often times, in my experiences, that is what happens.

Then you have six-months to file a lawsuit and the lawsuit has to be filed in federal court. It is a very good and very insightful question. If you have been injured in an accident with a mailman, or with a USPS employee, you probably do have the right to sue. You need to be aware that it may not be the Maryland three-year statute of limitations, or the Delaware two-year statute of limitations. You need to be aware that there is a two-year deadline on filing your administrative claim under the FTCA. If you had this type of situation, I would encourage you to get with a personal injury attorney that handles FTCA cases in your area. If you have been in an accident in the Mid-Atlantic region, Pennsylvania, New Jersey, Delaware or Maryland, you can certainly contact us. If you are outside of that Mid-Atlantic region, I would strongly encourage you to try and find a qualified personal injury attorney who also handles FTCA cases in your area.

Thanks for watching. I hope that you found this video interesting and informative and it helps you know more about your legal rights. I am attorney Ben Schwartz, if you have a question that you would like me to answer in video format like this, send me an Email below.

Federal Tort Claims Act – FTCA

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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